PPI Reclaiming successes and failures

dunstonh

We have contacted Santander (who we believe bought out FNB). They seem to have referred our claim to GE Money. GE Money have rejected our claim because, although they provided the finance, they did not sell it to us (apparently the St Helen's Glass agent did). GE money also state that s140A CCA does not apply to our loan agreement because it ..."was entered into before 6 April 2007 and was redeemed prior to 6 April 2008."...

You sent the complaint to the wrong place. So, it is within the spirit of the law that they reject an allegation of wrongdoing about the sale. They have also automatically checked it for Plevin and they have acted lawfully as well as Plevin relies on a change in the consumer credit act 2006 (effective 2008). So, expecting a 1996 loan to apply with a 2008 rule change is pushing it.

As members of the Consumers Association, we have contacted 'Which?'. We have also contacted the Financial Ombudsman Service. Neither organisation has been able to help us achieve a satisfactory outcome.

You have had a satisfactory outcome. It may not be what you want be it is correct and satisfactory.

We feel that we have a most genuine claim and that the spirit of the law is not being upheld in our particular case. St Helen's Glass is still trading and states on its website that it 'Still has the Class' since 1970. We have emailed St Helen’s Glass on their customer service page and have not received the courtesy of a reply or even an acknowledgement.

There are no shades of grey here. There is no spirit of law or anything similar

Insurance was regulated from January 2005. So, any sale prior to that did not have to follow any rule book. You bought in 1996. So, no rules in the regulator's rule book existed and therefore could not be broken.

St Helen's Glass is not currently regulated. So, the Ombudsman has no remit in your complaint. They were regulated from 10th Feb 2005 to coincide with the regulation of insurance. However, they gave up their authorisations in 2006. So, they only undertook regulated business for a little over a year. Anyone that bought via them in that year would be able to raise a complaint.

in case you are wondering, the banks were members of an earlier body which didnt have an explicit rule book but a range of principles. The FCA considers that a continuation and that is why banks have to consider pre-regulation sales.

How do we ensure that the spirit of the law is being upheld?

You now know that they are.

Is there anything else we should try?

No. You are unable to use the regulated complaints process. This just leaves the courts. However, the statute of limitations can be applied as its over 15 years ago.

Is it worth going to a PPI claims company for help?

Not sure why you think they could help. All they do is send a complaint using the free-of-charge to use regulated complaints process. You already know that option is not available.

Its game over.

Coventryboy

I had a £2000 loan from Loyds back in the year 2000 I filled in their online claim
Form they wrote back to me offering me £936 is this low or about correct because I have no idea

[Deleted User]

Impossible to say as you haven't said what premiums you paid.

If you believe you paid more, you will need to send them your evidence.

Bermonia

As suggested without details of all the premiums paid plus any rebates record from potential early settlement impossible to know - however given the relatively small size of the loan I would say that it sounds about right.

freddykrueger

-taff wrote: »

They don't have to provide evidence. The PPI on the credit card would have been visible on every statement with an outstanding balance, and the loan would have been with the agreement paperwork.
It's a claims company myth that it was added without your knowledge, you would have signed ot say you agreed to it or agreed to it over the phone.


The savings and sick pay would have been good complaint reasons for the loan and the credit card, as would single premium for the loan.
Personally, I would refer your complaint to the FOS regarding these two and include the savings.sick pay and single premium for the loan as complaint reasons, and the former two for the credit card.

Just as a quick follow up to this - they got back to me about my credit card and claim on this has been successful. Small victories!

[Deleted User]

freddykrueger wrote: »

Just as a quick follow up to this - they got back to me about my credit card and claim on this has been successful.

Just twelve days later? Well done, it normally takes at least eight weeks..;)

freddykrueger

Moneyineptitude wrote: »

Just twelve days later? Well done, it normally takes at least eight weeks..;)

The credit card one was being dealt with separately. I have not had a response yet on the loan one other than the rejection.

Billandben

Hello

Don’t know if you can help me but I have all my statement from my credit cards and account numbers but can’t find anywhere where it says ppi they statements were from 2006

Any help would be greatly appreciated x

[Deleted User]

Billandben wrote: »

I have all my statement from my credit cards and account numbers but can’t find anywhere where it says ppi

You can only complain about PPI if you actually had it. You don't appear to have had it. Sorry.

-taff

Look for protection cover, or something like that as a seperate charge on the statements. If you paid it, itll be there, if it's not there, you didn't pay it.